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RES-9724 Park & Recreational Facilities Development Impact Fees EstablishmentRESOLUTION NO. 9724 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ESTABLISHING THE AMOUNT OF THE PARK AND RECREATIONAL FACILITIES DEVELOPMENT IMPACT FEES FOR THE IMPLEMENTATION OF CHAPU:R 3.40 OF TITLE 3 OF THE ORANGE MUNICIPAL CODE AND AMENDING THE CITY'S MASTER SCHEDULE OF FEES AND CHARGES. WHEREAS, the City Council has adopted for first reading Ordinance No. 10- 03,establishing a formula for determining the payment of certain park and recreational facilities development impact fees to serve certain new residential development for the City of Orange; and WHEREAS, the aforementioned ordinance calls for the City Council to adopt by resolution certain standards, residential density classifications and criteria to be utilized to implement said ordinance, and the City Council hereby desires to make the determinations required by said ordinance by the adoption of this resolution; and WHEREAS, the City Council of the City of Orange has received and duly considered a report entitled, City of Orange Quimby Ordinance Background Report, dated December,1999, and prepared by Hogle-Ireland, Inc., as amended by a supplemental report prepared by Hogle-Irdand, Inc., dated March 11, 2003 (collectively referred to herein as the Study),which established costs for providing park and recreational facilities occasioned by new residential development within the City of Orange; and WHEREAS, the Study analyzed the impacts ofn:sidential development on the City's parks system and the City's goals and objectives contained in its Master Plan for Park Facilities, Recreation and Community Services, which was adopted by the City Council on Decembl:r 14, 1999 ( Master Plan); and WHEREAS, the Study determined the public facilities and service improvements engendered by anticipated future residential development in light of the General Plan and existing ,md projected land use patterns and zoning; and WHEREAS, as the Study demonstrates, thf: park and recreational facilities development impact fees established by this resolution are based upon estimated costs for new park and recreational facilities and service improvements, which will be required,incrementally, by new residential development within the City; and WHEREAS, as the Study demonstrates, the park and recreational facilities fees established by this Resolution do not exceed the reasonable cost of recreational facilities and service improvements occasioned by new residential development within the City of Orange; and WHEREAS, the fees established by the Study relate rationally to the reasonable cost of providing park and recreational facilities occasioned by certain new residential development within the City of Orange; and WHEREAS, the City Council hereby finds and determines that the residential dwelling units constructed, or to be constructed, within the City of Orange can be classified into three density classifications and that the average number of persons per dwelling unit based upon the average household size for thl: dwelling units within those density classifications, as disclosed by the most recent available Federal census, are appropriate for all of the dwelling units to be constructed within the City of Orange subject to the provisions of Chapter 3.40 ofthe Orange Municipal Code: Density Classification Dwelling Units/Gross Acre) Average Number of Persons/Dwelling Unit 6 6-:::15 15 3.05 3.16 2.64 WHEREAS, the City Council hereby finds and determines that the average cost to provide vacant residential land with the Minimum Park Standards acceptable to the City is Eighty-Eight Thousand Two Hundred Thirty Dollars ($88,230.00) per acre; and WHEREAS, the City Council hereby finds and determines that the fair market value for one acre of vacant residential land within District No. I for each density classification is:Density Classification Dwelling Units/Gross Acre)Fair Market Value 66-::: 15 15 800, 000 960, 000 1,100, 000 WHEREAS, the City Council hereby finds ,md determines that the fair market value for one acre of vacant residential land within District No.2 for each density classification is:Density Classification Dwelling Units/Gross Acre)Fair Market Value 6 6 - :::15 15 900,000 1,075,000 1,230,000 2 WHEREAS, Ordinance No. 10-03 provides for the waiver, in whole or in part, of the fees required by Chapter3.40 of Title 3 of the Orange Municipal Code under certain circumst;mces provided that the City Council (A) finds that a subdivision will serve a public purpose or satisfy a public need and is located within a redevelopment project area, or other special district, or involves direct City of Orange or Orange Redevelopment Agency participation in the residential development, and (B) sets forth by resolution specific limitations that will apply to such waivers. Accordingly, the City Council now desires to set forth by this resolution the circumstances under which :.t will consider such a waiver for a residential development consisting of affordable housing units; and WHEREAS, a public hearing on the adoption of this resolution and the park and recreational facilities fees outlined herein was noticed pursuant to and in compliance with California Government Code Section 6062(a), and set as part of a regularly scheduled City Council meeting held on May 13, 2003; and WHEREAS, the Study, as well as all materials supplementary thereto, and all background data referenced in the Study, were available for public inspection and review at the City Clerk's office at the City of Orange; and WHEREAS, this City Council has received and duly considered the information and facts set forth in the agenda report presented to it and any testimony received from staff and the publiic at the public hearing at which this resolution and Ordinance No. 10- 03 were considered, which testimony is hereby incorporated into the record on this matter; and WHEREAS, this City Council hereby incorporates the findings made in Ordinance No. 10-03 and applies them in support of the adoption of this resolution; and WHEREAS, this City Council finds that, pursuantto Section 15061(b)(3) of the State of California Environmental Quality Act (CEQA) Guidelines, the adoption of this resolution will not cause a significant effect on the environment; and WHEREAS, on June 29, 1993, and pursuant to Chapter 3.10 of the Orange Municipal Code, the City Council adopted Resolution No. 8196 which revised the City's Master Schedule of Fees and Charges, which has been amended from time to time since then by the City Council; and WHEREAS, the City Council has determined that the Master Schedule of Fees and Charges should again be amended to provide for certain park and recreational facilities development impact fees as a condition of approval of certain residential development projects located in or to be located within the City NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: Section 1.The foregoing recitals are true and correct. Section 2. That the park and recreational facilities development impact fees to be paid as a condition precedent to the issuance of a building pennit for each dwelling unit within the following residential density classifications of a residential development within District No.1 are and shall be as follows: Density Classification Dwelling Units/Gross Acre)Fee/Dwetling Unit 56 6-:515 15 7,994 9,434 9,506 Section 3. That the park and recreational facilities development impact fee to be paid as a condition precedent to the issuance of a building permit for each dwelling unit within the following residential density classifications of a residential development within District NO.2 are and shall be as follows: Density Classification Dwelling Units/Gross Acre)Fee/Dwetling Unit 56 6 - :515 15 8, 894 10, 469 10, 546 Section 4. The park and recreational facilities fees fixed herein shall be adjusted automatically on July 1st of each fiscal year, beginning on July 1, 2004 consistent with Section 3.40.050 of the Orange MWlicipal Code.Section 5. When a developer of a residential development proposes to construct at least twenty percent (20%) of the total dwelling units for "lower income households" (as defined in Section 50079.5 of the California Health ,md Safety Code) or ten percent (10%) of the total dwelling units for "very low income households" (as defined in Section 50105 of the California Health and Safety Code), the developer may apply for an exemption from Ordinance No. 10-03 for that portion ofthe residential development that is affordable to very low income households and/or lower income households (as the case may be). The City Council may exempt that portion of the residential development targeted for aftordability to very low income households and/or lower income households (as the case may be) from the provisions of Ordinance No.1 0-03 if the City Counci I makes a finding that such exemption is required in order to provide for, affordable housing cost, for owner-occupied housing, as defined in Section 50052.5 of the Health and Safety Code, or for, affordable rents, as in Section 50053 of the Health and Safety Code and the developer provides sufficient legal commitments to the City to ensure the continued availability, affordability and use of the housing lmits for very low income households and/or lower income households for a period of at least thirty (30) years. Section 6. The provisions of this resolution are subject and subordinate to the provisions of Chapter 3.40 of Title 3 of the Orange Municipal Code and shall at all times be construed and applied consistent therewith, as the same presently exists or is hereafter amended from time to time. Section 7. Be it further resolved that this Resolution shall become operative sixty 60) days following the date of final passage of the afon:mentioned ordinance establishing a formula for determining the payment of certain park and recreational facilities development impact f(:es. Section 8. Any judicial action or proceeding to attack, review, set aside, void, or annul this resolution or any provision hereof shall be commenced within 120 days of the effective date hereof. In addition, any judicial action or proceeding to attack, review, set aside, void, or annul an increase (if any) in a fee (or fees) set forth in this resolution occasioned by an automatic adjustment shall be commenced within 120 days of the effective date ofthe increase. Section 9. Should any section, subsection, subparagraph, clause, or provision of this resolution for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this resolution; it being hereby expressly declared that this resolution, and each section, subsection, subparagraph, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that anyone or more sections, subsections, subparagraphs, sentences, clauses or phrases be declared invalid or unconstitutional. ADOPTED this 13th day of May, 2003 1J1j' ~ fN Mark A. Murphy, Mayor, 5 ATTEST: 4A~~ Cassandra J. Cat , City Clerk, City of Orange I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 13th day of May, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None i~~ Cassandra J. CatH , City Clerk,Clty of Orange 6